AMIT YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Gajendra Pratap, learned Senior counsel assisted by Smt. Abhilasha Singh, learned amicus curiae for the appellant, Sri Aniruddha Chaturvedi, learned counsel for the informant and Sri Amit Sinha, learned AGA assisted by Ms. Mayuri for the State.

(2.) Capital Case No.8 of 2020 arises out of judgment of conviction and sentence passed by Additional Sessions Judge-IV/Special Judge (E.C. Act), Banda in Sessions Trial No.93 of 2018, arising out of Case Crime No.086 of 2018, under Ss. 302/34, 201, 120-B IPC, Police Station Kotwali Nagar, District Banda, wherein death penalty has been imposed on the accused appellant. Records relating to the proceedings of court below have been forwarded to this Court under Sec. 366 Cr.P.C. for confirmation of death sentence. It is registered as Capital Reference No.7 of 2020. The appeal filed by the informant under Sec. 372 Cr.P.C. challenging the acquittal of accused Smt. Deva and Sri Devi Deen @ Bhawani Deen Yadav being Criminal Appeal u/s 372 Cr.P.C. No.21 of 2021 is also connected with the Capital Appeal. All three cases are heard together and are being disposed of by this common judgment.

(3.) A brutal incident occurred during the intervening night of 30 and 31/1/2018 in which Mahadev, his wife Chunni and two sons Pawan and Raj Kumar were done to death. The incident was allegedly seen by the daughter of the deceased, namely Ranshi (PW-2). Ranshi came to the house of Smt. Urmila (PW-3), who happens to be her sister-in-law and informed the incident as per which the accused had brutally murdered all the four deceased. PW-3 informed such facts to her husband Munni Lal (not produced). Munni Lal in turn informed the incident to Raghunandan (PW-1), who happens to be the elder brother of deceased Mahadev. Consequently, a written report was got scribed by Munni Lal on the basis of information received from Raghunandan (Ex.Ka.1). Based upon such written report, a First Information Report came to be registered at 11.00 AM on 31/1/2018 at Police Station Kotwali Nagar, District Banda. Information of the incident was received at the Police Station at 10.15 AM and the FIR was registered under Sec. 302 IPC as Case Crime No.86 of 2018, Police Station Kotwali Nagar, District Banda. The FIR is against named accused Golu. It is the prosecution case that Golu is the nickname of accused appellant Amit Yadav.